Texas Child Support Questions & Answers

Q: My baby mama said she didn't want my child support on video? Does that mean I'm exempt?

1 Answer | Asked in Family Law and Child Support for Texas on
Answered on Feb 18, 2018

No, you would not be exempt from paying child support for your child just because the mother says she doesn't want any right now. Parents have a legal obligation to support their children and nothing would prevent her from changing her mind later and filing against you for child support, potentially including retroactive child support.
View Details »

Q: How do I show a court evidence that my child has not had contact with his father and does not know him?

1 Answer | Asked in Child Custody, Family Law and Child Support for Texas on
Answered on Feb 17, 2018

He will more than likely be allowed some kind of visitation by the court. Typically in cases where one parent has been absentee a “step up” visitation order will be entered by the court. The exact details of what type of visitation is involved in each step, the amount of time to complete each step, etc. differ from case to case.
View Details »

Q: My daughter’s father doesn’t give me child support but his mother takes care of her while I’m working those that

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Feb 17, 2018

If he is ordered to pay child support, his mom agreeing to take care of your daughter while you are working, and in fact doing so, doesn’t relieve him of his obligation to pay.

If there are no orders regarding child support or custody of your daughter, then you would have to take the matter to court in order to get such orders. Depending on the situation, you may be able to get assistance of the State’s Office of the Attorney General in obtaining child support and custody orders...
View Details »

Q: Is it a fact that the non custodial parent can stop paying if our child is incarcerated even if he owes back pay

1 Answer | Asked in Child Support, Criminal Law and Federal Crimes for Texas on
Answered on Feb 14, 2018

Child support obligations end when a Court enters such an order. Contact a family law attorney in your area regarding enforcement of the child support order.
View Details »

Q: I pay back child support. If i do not work for for a period of time. Does interest continue on the arrears?

1 Answer | Asked in Child Support for Texas on
Answered on Feb 12, 2018

Typically, interest is built in to whatever arreage you have when it is due, such that it may accumulate at an annual rate.
View Details »

Q: Will the court allowed child support if the couple hasn’t been together in years?

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Feb 11, 2018

A court will likely put in place orders that require him to pay child support, assuming your friend is in fact the dad (through either an acknowledgement of paternity or through an adjudication of paternity). If there are no prior support orders, the court presumptively can order up to 4 years back support for the child, in addition to establishing a future obligation to pay. Your friend should talk to a local child custody/support attorney to discuss his options.
View Details »

Q: would the child of a criminally insane be able to receive any money from her parent?

1 Answer | Asked in Child Support, Criminal Law and Family Law for Texas on
Answered on Feb 5, 2018

The child (via her guardian) should consider a personal injury suit against her mother's estate. There is a duty for a parent to support a child, but if the child's basic needs are met, the parent does not have to provide additional money
View Details »

Q: Is it ok for Custodial Parent to not allow me contact with my son?

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Feb 3, 2018

If you have orders giving you the right of possession/visitation with your son, and the custodial parent is refusing to honor those orders then it is not okay. Violation of custody orders can result in being found in contempt of court, with the potential for fines and/or jail.

If there aren't orders in place in regards to your son then you might want to seek establishment of orders with the court so that your rights are spelled out well enough to discourage similar behavior in the...
View Details »

Q: I live in Texas, the mother of my child lives in Colorado with my son, we have never been married, can I file in Texas?

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Jan 21, 2018

In 49 states (Massachussettes being the exception), the Uniform Child Custody Jurisdiction and Enforcement Act governs where an initial child custody case can be filed. According to the UCCJEA, a child custody case can be filed in a state if: (1)It is the child’s “home state” (state where the child lived with a parent for at least six consecutive months immediately before the commencement of the custody proceeding); (2) The child has a “significant connection” to that state and there...
View Details »

Q: Will I be arrested, put in jail, or forced to move back if I move outside my geographic restriction?

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Answered on Jan 10, 2018

You can be found in contempt of court for violating a court order. That is punishable by up to 180 days in the county jail and up to a $500 fine. While the court cannot stop you yourself from moving, the court can definitely restrict the kids from moving states with you. The court could also end up rendering orders changing the visitation/possession schedule as well as change conservatorship rights to create obstacles to future disobedience. You need to consult with a local attorney ASAP so...
View Details »

Q: Do I have any other options for me ex in arrears $13,000 & attorney general not being very helpful?

1 Answer | Asked in Family Law and Child Support for Texas on
Answered on Jan 8, 2018

The AG's office is typically over worked and under staffed. If you wish to expedite the process, consult with a family law attorney and they should be able to file a motion to enforce the child support and set a court date.
View Details »

Q: Is it legal for them to order it if the divorce papers say that there's no child support ordered? Can they really

1 Answer | Asked in Child Support for Texas on
Answered on Jan 6, 2018

If your decree is silent on child support, more than 3 years old, or your financial circumstances have changed sufficiently, then yes, they can. In any event, when a child receives Medicare, then the State is entitled to seek reimbursement.
View Details »

Q: Can the attorney general legally order me to pay child support where none was ordered in the divorce??

1 Answer | Asked in Child Support for Texas on
Answered on Jan 6, 2018

If your decree is silent on child support, more than 3 years old, or your financial circumstances have changed sufficiently, then yes, they can. In any event, when a child receives Medicare, then the State is entitled to seek reimbursement.
View Details »

Q: If a parent failed to get the child after visitation ends what happens to child support order

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Jan 6, 2018

This depends, but the short answer is nothing happens until you go to court and get a new order. Until the child support order is modified, you are potentially liable for whatever support you fail to pay and the AG will keep deducting the support if they have an order that allows them to do so. Depending on how long you have the child, you may be able to take custody/conservatorship and end your child support obligation. You can call the Office of the Attorney General, Child Support Division...
View Details »

Q: can my ex keep me away from my kids? she put me on child support and wants me to pay but that i can't see my daughters?

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Jan 6, 2018

In Texas, child support and visitation are separate issues. She cannot legally deny you visitation according to a court order just because you are behind on child support. That said, you do NOT want to be behind on child support in Texas. The Texas Attorney General is aggressive and the penalty for getting behind can include jail. A lawyer can help you lower your child support if it was set too high for your current income and can seek penalties against your ex. At a minimum, you should get...
View Details »

Q: My ex wife renewed my daughter's Medicare and the attorney general filed child support! I don't know what to do.

1 Answer | Asked in Child Support for Texas on
Answered on Jan 5, 2018

If your kid is on State benefits then the Office of the Attorney General can seek child support to help reimburse the State for the cost, even if the other parent does not want child support.
View Details »

Q: My cousin has a baby with someone, if he wants to pick his baby up , can she call cops, n say its kidnapping? No order

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Texas on
Answered on Jan 5, 2018

You cannot just go around stealing babies from their mothers. If the presumed father wants custody, or visitation, rights with the child he will have to go to court, file for paternity, and then the Court can intervene with a custody and/or visitation order. When people disagree on a matter that involves the law the ONLY way to resolve the dispute is to go to court. So, the presumed father cannot just go by and "pick up" the child at his whim and whimsy. He has to go to court. Good luck.
View Details »

Q: If a person is together and living in the same household can they still have the father under child support ? .

1 Answer | Asked in Child Support for Texas on
Answered on Jan 2, 2018

If you are asking if a parent residing with another adult voids a child support order, the answer is "no." A father doesn't get out of paying child support just because his child(ren)'s mother decides to live with someone new.
View Details »

Q: Soontobe ex husband refusing to take care of children as long as I have a specific friend in my life can he do this?

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Answered on Jan 1, 2018

Even if you were/are having an affair that doesn't excuse your husband from financially supporting the children you both share. If he refuses to support his kids on his own initiative then you likely will need to bring the courts into this.
View Details »

Q: I have medicaid and food stamps but I want to file for divorce, does my ex-husband have to pay child support?

1 Answer | Asked in Divorce and Child Support for Texas on
Answered on Dec 29, 2017

If your kids are on Medicaid and state benefits you have to serve the Texas Attorney General with the petition when you file, and they will likely get involved in order to make sure at least they get some money for the cost of the benefits being received.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.